Would not the RNC be liable for allowing an unqualified person to run and certifying eligibility if he was NOT eleigible? . McConnell has refused to declare Cruz eligible like congress did McCain. That should be grounds enough for the party to act and seek declarative judgment IMO
I think so. The persons who have standing are opponents on the primary, just the same. But the RNC can be sued for advancing a candidate who falsely asserts eligibility.
The opponents on the ballot also have standing to sue the Secretary of state, and I think all states have a misdemeanor penalty for filing a materially false certificate of eligibility. I think the DA has the keys to this door.
-- McConnell has refused to declare Cruz eligible like congress did McCain. --
That move operates only in the realm of public perception. It has no force of law at all.
-- That should be grounds enough for the party to act and seek declarative judgment --
The party doesn't need a court order in order to find, on its own volition, that a candidate who claims to be qualified, is not. Should that happen, it would be up to the excluded candidate to sue for a court order to restore his name to the ballot.
The courts can order the Secretary of State to allow only qualified candidates on the ballot
The courts can order the RNC to not offer an unqualified candidate to the Secretary of State
And without resort to the courts, the RNC can refuse to offer an unqualified candidate to the Secretary of state.
Who has standing varies in the election cycle. Opponents in the primary are those who are in the same party. Opponents in the general are those in opposing parties as well as independents who manage to qualify for any state's general election ballot.